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BOE-A-2026-12126 ·5 June 2026 ·Resolution Low impact
Tax

Public Administrations: may extend seizure annotations without requiring registry ownership concordance

The Directorate General for Legal Certainty and Public Faith has overturned a registrar's refusal to extend a tax seizure annotation. It has been established that the extension of a preventive seizure annotation is a procedural step intended to prevent the entry from expiring (Art. 86 of the Mortgage Law) and does not constitute an executive act in itself. Consequently, it is not necessary for there to be concordance between the registered ownership and the identity of the party appearing in the proceedings to proceed with said extension.

In 3 key points

  1. The extension of a seizure annotation does not require concordance between the registered ownership and the identity of the party in the proceedings (fundamento de derecho número 6)
  2. The extension aims to prevent the expiration of the preventive annotation pursuant to Art. 86 of the Mortgage Law (art. 86 Ley Hipotecaria)
  3. It is a substantive requirement to certify the notification of the extension to the debtor and other interested parties to prevent a lack of legal defence (art. 85 a) del RGR)

How it affects those involved

For Public Administrations (such as the Malaga Provincial Council in this case), it facilitates the management of their credits by allowing the extension of seizures without requiring the enforcement proceedings to strictly match the current registered ownership, thereby preventing the expiration of annotations. For debtors, although the requirement to notify them of the extension order remains to prevent a lack of legal defence (Art. 85 RGR), the requirement for identity of parties is relaxed for this specific procedure.

Lifecycle

2026-06-05PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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